Welcoming a new baby into the family through assisted reproductive technology (ART) can be an exhilarating and joyful experience. For those hoping to grow their family, surrogacy can help couples become parents who might not otherwise be able to. However, intended parents will need to take steps to ensure their legal rights are protected before the baby is born. An attorney can evaluate a couple’s goals and make sure proper documentation is in place before the child is born.
Massachusetts law allows pre-birth orders that ensure legal recognition of parental rights before childbirth. For all parties involved in a surrogacy arrangement, pre-birth orders are essential to protecting the rights of each individual. An experienced Massachusetts pre-birth order lawyer from TR Law Offices can help you understand the process and make sure the joyful arrival of their child is free from legal complications.
A pre-birth order allows intended parents to declare a child’s intended legal parentage prior to being born. The pre-birth order directs the hospital and Department of Vital Records to place the Intended Parents’ names the on the child’s birth certificate. It can be completed up to 300 days before the baby’s birth under Massachusetts law, and is a legal document issued by a court.
Crucially, for parents using assisted reproductive technology, a Massachusetts pre-birth order can provide a couple with peace of mind going forward. Instead of having to take post-birth legal maneuvers to establish parenthood, parents establishing a pre-birth order can leave the hospital knowing they are the legal parents of the child. Otherwise, intended parents may face a time-consuming and expensive process of adoption. Having a pre-birth order in place eases the process of transferring custody to the intended parents of a child from day one.
Massachusetts is considered a surrogate-friendly state, since its laws do not outlaw surrogacy and allow pre-birth orders for non-traditional parents. Generally, couples and unmarried individuals (regardless of sexual orientation) can seek a pre-birth order if they have a genetic connection to the child.
The birth of a child is one of the most joyous times parents can experience. Parents who are growing their family via surrogacy can avoid complicated struggles over legal rights by having a pre-birth order entered in Massachusetts. An experienced lawyer can help intended parents understand their rights and options before the big day arrives. Reach out today to schedule your consultation.
